You Can be Excluded from the Megan’s Law Website if the Victim was a Relative – Penal Code Section 290.46(e)

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You Can be Excluded from the Megan’s Law Website if the Victim was a Relative – Penal Code Section 290.46(e)

Stephen Klarich

October 8, 2013

If you register as a sex offender in Anaheim due to a conviction for lewd and lascivious act with a minor under the age of 14 or “child molestation” (Penal Code section 288) and your offense involved your own relative, you may be exempt from being identified on California’s public sex offender website under certain conditions. Removal from the Megan’s Law website does not relieve you of your obligation to register as a sex offender with your local law enforcement agency. However, there are significant advantages to being excluded from being listed on the public sex offender registry:

Your picture, name, address or zip code and offense will not be publicly available to your neighbors and community, and

Employers and rental property owners or managers will not be able to find you on the sex offender registry using internet searches (such as Google);

Freedom from being publicly listed on the sex offender registry website can have an immediate impact on improving the quality of your life. However, not everyone qualifies.

Exclusions to Megan’s Law in California

Your name can be removed if you qualify for any of the exclusions to Megan’s Law website. Contact an Anaheim sex crimes attorney if you have been convicted of a sex crime.

Under California Penal Code section 290.46(e), you may apply for exclusion from Megan’s Law reporting requirements if you were convicted only of the following sex crimes and/or you meet the following conditions:

A felony violation of sexual battery (PC243.4);

A misdemeanor violation of annoying or molesting a child under 18 (PC647.6);

A felony violation of a child pornography crime (PC311.1, PC311. (b)-(d), or PC311.3, 311.4, 311.10, or 311.11), provided that you submit to the California Department of Justice a certified probation report filed in court that your victim(s) were at least 16 years old or older at the time of your crime; or

A conviction of a registerable sex offense for which you have successfully completed probation, provided that you submit to the California Department of Justice a certified copy of a probation report, presentencing report, report prepared pursuant to Penal Code section 288.1, or other official court document (Penal Code section 290.46(e)(2)(D)). These documents must be able to clearly demonstrate that you were your victim’s:

Parent;

Stepparent;

Brother or sister; or

Grandparent

Additionally, your sex crime must not have involved either oral copulation or penetration of the vagina or rectum of either your relative victim or you by the penis of the other or by any foreign object. If you meet all of these conditions, you may apply from exclusion from Megan’s Law and ask to have your identity removed from the public website.

How to Obtain a Certified Copy of a Probation or Pre-sentencing Report

While official court records are typically available, locating them can be difficult. Your best chance for getting your application for exclusion from the sex offender website successfully processed is to hire an experienced sex crimes defense attorney who knows the criminal justice system and can get the right documents for you.

You may also want to talk to a lawyer who has a successful record of getting his or her clients what is known as a Certificate of Rehabilitation, which may lead to your eventual relief from having to register as a sex offender in California. If you are interested in being relieved of this lifelong obligation, you need to contact the law firm of Wallin & Klarich today.

Call an Anaheim Sex Crimes Attorney at Wallin & Klarich

If you or someone you know in Anaheim is being required to register as a sex offender, you need to contact an experienced sex crimes defense attorney today. The attorneys at Wallin & Klarich have over 30 years of experience aggressively representing our clients seeking relief from sex offender notification requirements.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the knowledgeable sex crimes defense attorneys at Wallin & Klarich may be able to help you file the right papers with the government so that you can be excluded from being publicly identified on the Megan’s Law website. We have also been successful getting hundreds of our clients Certificates of Rehabilitation, relieving many of them of the burden of sex offender registration altogether. We can help you to lead a better life.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

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